What Is the Difference between a HIPAA Authorization and a Healthcare Power of Attorney?
The ability to make your own healthcare decisions is likely something you take for granted. After all, you have been doing so for your entire adult life, right? There may come a time, however, when you are unable to make and/or communicate your own decisions because you are incapacitated. If that comes to pass, you need to be prepared. Signing a HIPAA Authorization and executing a Healthcare Power of Attorney are two things you can do to prepare for the possibility of your own incapacity. With that in mind, the Indianapolis attorneys at Frank & Kraft explain the difference between a HIPAA Authorization and a Healthcare Power of Attorney.
Incapacity Is Not Just for the Elderly
Like many people, you may think of incapacity as something you need not worry about until you reach your “Golden Years.” While it is true that the likelihood of incapacity – both physical and mental – increases with age, incapacity is not limited to the elderly. On the contrary, you can experience temporary or permanent incapacity at any age. Incapacity
can be the result of a catastrophic car accident or a debilitating illness and may last for a few short days or indefinitely.
If you do wind up incapacitated, for any reason, someone will probably need to make healthcare decisions for you. Some of those decisions may be life-altering decisions. For example, someone may need to decide whether to transport you to a different hospital for potentially better-quality care; however, there is a significant risk that your condition could worsen if you are moved. If you are being kept alive through the use of life-sustaining treatment, someone may need to decide whether to continue that treatment. While these are extreme examples, they should highlight the need to plan for the possibility that someone other than you might one day need to make healthcare decisions for you.
HIPAA Authorization vs. Healthcare Power of Attorney: Which Do I Need?
There are two important legal documents that relate to giving someone access to your healthcare information and/or the legal authority to make healthcare decisions for you. While both should be incorporated into your comprehensive estate plan, only you can decide what information to include on each document. Understanding these two important documents is necessary to make the right decisions.
HIPPA is an acronym for the “Health Insurance Portability and Accountability Act.” The HIPAA Privacy Rule, which has been applied since 2003, is a federal law that sets standards for the use and disclosure of your health information by your health care team, meaning doctors, nurses, hospitals, and labs. The HIPAA rule effectively prevents and of these people or entities from sharing your healthcare information with any third-party. Therefore, if you want a third-party to have access to your healthcare records and information, you need to provide your authorization in writing using a HIPAA Authorization Form. You can execute multiple HIPAA Authorization forms and may tailor the forms to allow the release or sharing of certain information and/or the exclusion of certain information.
A Healthcare Power of Attorney, referred to as an “Appointment of HealthCare Representative and Power of Attorney” in Indiana, is a type of advance directive that allows you to appoint an “Agent” to make healthcare decisions for you if you are unable to make or communicate those decisions at some point. If, for example, your treating physicians need a decision about whether to perform a potentially risky surgery, and you are unable to consent because you are unconscious, your healthcare Agent would have the legal authority to make that decision for you.
For your Agent under a Healthcare Power of Attorney to be able to make informed decisions, he/she should have access to your medical records and information. Therefore, it only makes sense to sign a HIPAA Authorization form giving your Agent access to your records. You may also, however, want to give other people access to some or all your medical records. An adult child or spouse, for instance, may benefit from access to information so that they can communicate directly with your healthcare providers. If you are unsure which forms apply to your specific situation, consult with your estate planning attorney.
Do You Have Questions about Executing a HIPAA Authorization or Healthcare Power of Attorney?
For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns, contact the experienced Indianapolis estate planning attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.
Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
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